Wednesday, April 9, 2014

Judge Denies Injunction Request brought by Minority Directors of the Pacifica National Board

UPDATE 4/9/14 @10:05 am: The national board minority's attempt to get a Temporary Restraining Order to allow Summer Reese to keep her job has been denied by the Alameda County Superior Court. The Next Court Date is May 6.

A report from an eyewitness at this morning's hearing:

"Here's what I understood. The TRO was denied for for today. A preliminary injunction hearing date was set for May 6. Intermediate dates are as follows: April 15 is the deadline for everyone to be served. Summons for service won't be electronic, per Margy's lawyers request, but everything else between the parties can be done by e-mail. April 23 is the deadline for opposition papers to be filed. April 30 is the deadline for our reply.

The judge said that had there not been a procedural issue, plus some content issue, her inclination would have been to grant the injunction. However, she strongly cautioned that anything she did today would not be on the merits of the final case.

The procedural issue was related to the fact that the side asking for the TRO filed against the directors as individuals in their capacity as directors. We needed to ask for the TRO against just individuals, not in their capacity as directors. As directors they have immunity from the TRO unless some other procedural step is taken.

The judge left it open to return to court before May 6 if an emergency action needs to be taken by the court".

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Unemployment insurance is running out for Andrea Sears of Left Voices, former WBAI/Pacifica News Editor, who was part of the WBAI staff layoffs last August. Despite some promising interviews, Andrea does not have a job yet, and would really appreciate your support.